Minutes: Board of Commission Meeting, 10/20/2004 COUNTY COMMISSIONER CHAIR FRED WARNER, JR
COUNTY COMMISSIONER TIM L. KERNS COUNTY COMMISSIONER DR. CARL STIFF
The Baker County Board of Commissioners met for the October 20, 2004 Commission Session. Present were Commission Chair Fred Warner, Jr. and Commissioner Tim L. Kerns. Commissioner Stiff was absent.
Citizens’ Participation: None
Review/Approval of Minutes: Commissioner Warner moved to approve the October 4, 2004 public hearing minutes on road vacations in New Bridge and the October 6, 2004 commission session minutes as presented. Commissioner Kerns seconded the motion. Motion carried.
Additions to the Agenda:
*Settlement Offer for Property Taxes
*Swearing in of Pro-tem for Baker Justice Court
*OHV Informational Meetings
Additions to the Agenda: OHV Informational Meetings: Commissioner Kerns stated that he had attended the meeting in Sumpter and few had been in attendance. Commissioner Warner added that he had received some calls since the meeting and the idea to look at other sites had presented itself.
Documents to be Signed: Resolution 2004-1066: Appropriation within the Parks Fund: Commissioner Warner stated that the resolution would combine expense lines for the Wingville Cemetery project for a total of $1,000. Commissioner Kerns moved to approve Resolution 2004-1066. Commissioner Warner seconded the motion. Motion carried.
Resolution 2004-1067: Appropriation within Fair Board Improvement Fund: Commissioner Warner stated that $10,000 was being moved from capital outlay to show barn and rodeo grounds expenditure lines. Commissioner Kerns moved to approve Resolution 2004-1067. Commissioner Warner seconded the motion. Motion carried.
Resolution 2004-1068: Appropriation within the Fair Board: Commissioner Warner stated that the resolution would break revenue and expenditures down by the different events being held. Commissioner Kerns moved to approve Resolution 2004-1068. Commissioner Warner seconded the motion. Motion carried.
Addition to the Agenda: Swearing in of Pro-tem for Baker Justice Court: Lise Yervasi was present before the Board. Commissioner Warner read the oath of office.
Documents to be Signed: Intergovernmental Agreement for Financing of Economic Development: Commissioner Warner stated that the agreement had been discussed at the previous session and was tabled so that corrections could be made. The agreement would be for one year, expiring on June 30, 2005. Conditions included the City of Baker City contributing $50,000 and staff support and the County contributing $65,000 and $1,000/month for office space. Commissioner Warner moved to approve the Agreement with the City of Baker City for the financing of economic development. Commissioner Kerns seconded the motion. Motion carried.
Order No. 2004-183: Appointing a Member to the Natural Resource Advisory Committee: One vacancy existed representing tourism/recreation. Ms. Bonnie Clugston from Unity had submitted an application. Commissioner Warner moved to approve Order No. 2004-183, appointing Ms. Clugston to the Natural Resource Advisory Committee. Commissioner Kerns seconded the motion. Motion carried.
Order No. 2004-184: Appointing a Member to the Baker County Planning Commission: One vacancy currently existed. One application had been received by Bill Harvey from Haines, Oregon. Commissioner Kerns moved to approve Order No. 2004-184, appointing Mr. Harvey to the Planning Commission. Commissioner Warner seconded the motion. Motion carried.
Ratification of Documents: Eagle Telephone Systems Agreement: Commissioner Warner stated that the agreement would cover a new antenna site above Sparta for Consolidated Dispatch. Director Jerry Boyd had negotiated the contract and the County would be paying the same amount as the State Police, $200/month. Commissioner Kerns moved to ratify the agreement with Eagle Telephone Systems. Commissioner Warner seconded the motion. Motion carried.
OLCC Application: Commissioner Warner stated that due to the timeline, he had signed off on the OLCC application for Stanley and Lynn Thompson. The Thompson’s were purchasing the Hells Canyon Inn and wanted to continue the liquor license. Commissioner Kerns moved to approve the OLCC application for the Thompsons. Commissioner Warner seconded the motion. Motion carried.
Scheduled Business: ODOT Agreement for Bridge Replacements and Limited Power of Attorney: Deputy Roadmaster Rick Holden and Office Manager Kathy Hogge were present before the Board. Ms. Hogge clarified that a motion was needed by the Commissioners to grant the Limited Power of Attorney and that the Treasurer would sign it. Commissioner Warner questioned if the Treasurer was aware and okay with it. Ms. Hogge stated yes. Mr. Holden stated that they had chosen to go with a consultant that ODOT already had online for services. This would result in cost and time savings. The consultant would be Anderson and Perry out of La Grande, Oregon. Mr. Holden stated that they had hoped to have both bridges for the OTIA III project going at the same time. The estimated cost of the agreement was $175,000. Commissioner Warner moved to approve the ODOT Consultation Agreement with Baker County. Commissioner Kerns seconded the motion. Motion carried. Commissioner Warner moved to approve the Irrevocable Limited Power of Attorney with ODOT and Baker County for the purpose of withdrawing money to pay the consultant’s costs for the bridge replacements. Commissioner Kerns seconded the motion. Motion carried.
Other Business: AOC Conference in November: Commissioner Warner stated that the annual conference would be held on the third week in November. The November 17th commission session would need to be cancelled. Consensus was reached to cancel the November 17, 2004 commission session and consider holding one on November 10, 2004.
Baker Valley Soil and Water Conservation District (SWCD): Commissioner Warner announced that the Baker Valley SWCD had filed a resolution, authorizing the SWCD Board to act as their Contract Review Board. Commissioner Warner stated that their resolution met the requirements of Oregon Revised Statutes.
Scheduled Business: Public Hearing: Western Heights Special Road District: Staff Report:
County Counsel Kim Mosier was present and clarified the process. Ms. Mosier stated that the Board of Commissioners would need to decide if the petition met the statutes and to set a final hearing. Ms. Mosier stated that due to the timeline, the final hearing would need to be set for November 10, 2004.
Michael Clarke and Charley Vaughan were present before the Board. Mr. Vaughan stated that he had been approached by the Western Heights District about becoming a Special Road District, primarily to get them affordable liability insurance. Mr. Vaughan stated that the road system was a deeded right of way, with separate tax lots and would be easy for the Association to manage. Mr. Vaughan added that the Association would continue to do assessments in the same manner.
A brief discussion followed regarding the appointment or election of Board members for the special road district. The petitioners had requested that if approved, the Board be appointed by the Commissioners with the first three members being the chief petitioners.
Commissioner Warner voiced concerned over not that many landowners signing the petition. Mr. Clarke stated that the Association had held a meeting where the landowners had voted in favor of it. They only gathered enough signatures to complete the petition.
Ms. Mosier clarified that the sole intent of the creation of the district was to get affordable liability insurance and that assessment rates would not change. Mr. Vaughan and Mr. Clarke agreed.
Consensus was reached to amend Section 4 in the Order so that the Baker County Commissioner’s Office would not determine the assessment and that the word “shall” be changed to “may” in Section 7.
Commissioner Warner moved to adopt Order No. 2004-181, accepting the petition and to hold the final hearing on November 10, 2004 at 10am. Commissioner Kerns seconded the motion. Motion carried.
Addition to the Agenda: Order No. 2004-185: Appointing A Pro-tem for Baker Justice Court: The Commissioners were presented with an order formally appointing Lise Yervasi as Pro-tem for the Baker Justice Court. Commissioner Kerns moved to approve Order No. 2004-185. Commissioner Warner seconded the motion. Motion carried.
Scheduled Business: Public Hearing: Use of Title III Funds: Emergency Manager Mark Bennett was present before the Board. Mr. Bennett stated that he had requested $11,000 the previous year to fund the County’s portion of the Hazard Mitigation Coordinator. That position had been very successful and therefore was requesting the same amount for next year. Mr. Bennett stated that an additional $3,000 was being requested based on the recommendation of the rural fire departments and the advisory committee to purchase fire signs. These signs, thirteen in total, would remain County property however; they would be maintained by the rural fire agencies. Commissioner Warner questioned how the rural fire departments would rate the fire danger. Mr. Bennett stated that all of the signs would read the same and the Department of Forestry would communicate that to the agencies. Commissioner Warner questioned if the Sheriff’s Department had applied for any Title III funds. Mr. Bennett stated that he did not know of any. Commissioner Kerns questioned if the fire districts believed the purchase of the signs was the best use of the funds. Mr. Bennett stated that the rural departments had tried to write grants for the purchase of signs, but had not been successful. Commissioner Kerns moved to approve the use of $14,000 of Title III funds, with $11,000 going towards the County’s portion to fund the Hazard Mitigation Coordinator and $3,000 towards the purchase of fire signs. Commissioner Warner seconded the motion. Discussion: Mr. Bennett stated that the finance department would prepare resolutions transferring the funds. Motion carried.
Addition to the Agenda: Settlement Offer for Property Taxes: Treasurer Durflinger was present before the Board. Treasurer Durflinger stated that Touch America had nine utility accounts in Baker County and had filed bankruptcy. The attorneys for the company had sent a settlement agreement for the County to consider. Touch America wanted to settle 75% of what they owed for the 2003-04 taxes, for a total of $2,090.86. If the County accepted this, the County would have to write off $1,155.09. Both Commissioners Warner and Kerns were concerned that if settlements were not offered to County residents, why would they be considered for others. County Counsel Kim Mosier joined the meeting and stated that the County could either take 75% now or wait through the process and maybe or maybe not get what was owed. Commissioner Warner moved to accept the settlement of 75% of the base amount of taxes owed for the 2003-04 tax year. Discussion: A lengthy discussion occurred regarding not accepting the settlement offer and waiting for the bankruptcy courts approved plan. Commissioner Kerns voiced concern that utility companies should be treated the same as private landowners. Commissioner Kerns seconded the motion. Motion carried.
Scheduled Business: Recreational Fee Demonstration: Present were Kenneth Anderson, Ed Hardt, and Guy Michael, representing the Eastern Oregon Mining Association (EOMA), Dick Haines, and Mike Hall from the Forest Service, and Penny Woods from BLM. All were present to discuss House Bill 3283: Recreational Fee Demonstrations. Mr. Hardt spoke on behalf of the EOMA stating that the bill entailed more than just recreational lands. Public lands were becoming more and more like a business. Citizens were already being taxed to take care of the public lands and parks and there should not be a fee demo. Mr. Hardt added that the bill required that a Recreational Advisory Committee be developed and although that would help, the EOMA was still requesting that the Board of Commissioners pass a resolution opposing House Bill 3283.
Mr. Haines presented the Board with an update on revenue and areas affected by the fee demo. Mr. Haines stated that fee demo had been around for awhile with the intent of balancing dollars with federal funds. Eighty percent of the money received through fee demo was put back into the facility in which it came. If there was no fee demo, the overall recreational program would be less. Mr. Haines explained briefly the number of facilities and those that were not meeting standards and having to be shut down.
Ms. Wood reported that BLM was seeing more and more people on public lands. The Bureau had collected $13.6 million in recreational fees last year and these funds were expended on maintenance. Ms. Wood stated that there were only two sites in Baker County that charged a fee: Oregon Trail Interpretive Center and Spring Recreational site. Ms. Wood stated that she did not believe they could offer the caliber of service without those fees. Taxpayers wanted to see the sites supported, however budgets were depreciating.
Commissioner Warner questioned what would happen if House Bill 3283 failed. Mr. Michael responded, stating that he did not believe that all fees would go away due to Senate Bill 1107. If the bill failed, as of January 2005, all other fees would go away except for on National Parks.
Mr. Hall stated that the Forest Service had had the ability to charge fees since the 1970’s.
Ms. Wood stated that 99.9% of the BLM land was open to recreational users without a fee.
Mr. Hardt questioned that as a prospector, would he need to pay a fee to travel over trailheads. Mr. Hall responded that if he had a mineral interest, Mr. Hardt could be issued a permit free of charge.
Mr. Anderson stated that for the most part, he was in support of improvements, but was concerned about the House Bill. The more land that was being taken, the bigger the bite out of the economy.
Mr. Michael believed that citizens were currently paying for the maintenance of public lands through taxes and that a resolution asking Congress to support our federal agencies and to increase maintenance funds should be developed. Every citizen in the US should be able to enter these lands free of charge and the backlogged maintenance problems should be financed through Congress. Mr. Michael added that should the County have high use areas, such as a National Park, then a fee could be instituted; however Congress should be asked for funds as well. Mr. Michael stated that in the House Bill, some areas would charge for Special Use or Special Fee Events. Mr. Michael stated that Sand Mountain in Nevada could be used as an example, where under the new bill, even airplane tours over that area could be charged a fee.
Commissioner Warner commented that although he hadn’t read the entire bill, he wasn’t in favor of expanding the fee demo on more lands.
Mr. Michael stated that House Bill 3283 went too far and they needed to start from scratch.
Mr. Anderson stated that all wealth came from the ground and every time an area was restricted, we were taking a bite out of the money that paid for taxes.
A discussion was held on whether or not fee demo would continue should the bill not be passed. Ms. Wood stated that the 1997 bill instituting the fee demo was only valid for seven years and would need to be replaced.
Commissioner Warner stated that he would research the matter, including talking to Congressman Walden and Senators Wyden and Smith.
Ms. Wood advised that the County work with the John Day Resource Advisory Council on any specific issues they might have.
Commissioner Kerns questioned the reduction of campsites in Baker County. Mr. Hall stated that the regional office had set up criteria for each site to meet. If they do not meet them, for example, the water quality is bad and they don’t have enough money to fix them, then they have to close them down. Commissioner Kerns stated that he would like to see as many sites stay open as possible.
Other Business: Comparison of Calendars:
Oct. 20th: TRT
Oct. 21st: Blue Mtn. Forest Plan Workshop
Oct. 26th: EOU Open House
Nov. 1: Baker Morrow Regional Partnership
Nov. 2: Tri-County Weed Meeting in Union County
Nov. 3: Commission Session
Commission Session was adjourned at 2:45 p.m.
Respectfully submitted,
Robin Nudd, Executive Assistant
Baker County Board of Commissioners